When does an inherited house need a real estate attorney?

Start by asking the probate attorney

Ask whether the estate attorney will handle the deed, title review, purchase agreement, court approval, closing documents, and any dispute involving the house. Some probate lawyers handle that work themselves or through another lawyer in their firm.

When separate real estate counsel may help

• The deed names another owner, a trust, a business, or someone who died earlier.
• A surviving owner, heir, tenant, creditor, or buyer disputes possession or sale terms.
• The title search finds an old mortgage, judgment, tax issue, boundary issue, or unreleased interest.
• The personal representative needs advice about a purchase agreement, court approval, or duties tied to the sale.
• The property is in another state or the estate needs an additional local proceeding.

The estate's attorney and title company can say which issues they will handle and whether another lawyer is needed.

What to bring to the first call

Have the property address, deed if available, death certificate, will or trust, probate case number, letters of authority, any purchase offer, and notices about taxes, mortgages, liens, insurance, or code violations. Explain who lives at the house and whether anyone objects to a sale.

Questions to ask before hiring

• Do you handle both estate administration and the real estate issue involved here?
• Which lawyer will handle each part of the work?
• What must happen before an offer can be signed or a closing can occur?
• How are fees charged, and what falls outside the quoted work?